Birth Injury Claims
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Birth injury claims* in Ireland are for compensation due to the effects of a birth injury on the life of the baby and on the life of the mother.
A birth injury due to medical negligence can happen before, during and in some cases after the birth of a baby. A maternal birth injury can put the life of the mother in danger, may cause scarring and could affect her ability to conceive or have a natural birth in the future.
You make a birth injury claim* for the losses and injury caused by the medical negligence at any stage of the birth.
Michael Kelleher Solicitors in Dublin will make your medical negligence birth injury compensation claim.
What is a birth injury in Ireland?
A birth injury in Ireland is when the newborn baby or the mother has an injury due to medical negligence by the obstetrician, the hospital or the maternity team caring for the pregnant mother.
A birth injury is different to a congenital condition. A congenital condition is a medical issue, such as a heart complaint, which the child is born with, while a birth injury is caused by negligence at birth, such as Cerebral Palsy due to a lack of oxygen to the
brain.
Medical negligence is medical treatment by a medical professional below a level that any other medical professional would provide in similar circumstances.
To show medical negligence, the injured party must prove:
- A medical professional had a duty of care to the patient
- There was a breach of that duty of care
- The breach of the duty of care caused an injury
- The injury caused harm and financial losses to the patient
If you can show how your birth injury was a result of medical negligence, then you may have a compensation claim.
MKS medical negligence solicitors in Dublin can look at the details of your case and determine if you have a valid birth injury compensation claim.
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Types of birth injuries in Ireland
The types of birth injuries in Ireland range from unnecessary bruising suffered during birth to the brain damage caused by the medical negligence in the hospital.
Common types of birth injuries seen in Ireland:
- Cerebral Palsy due to oxygen deprivation
- Brain damage due to oxygen deprivation
- Nerve and muscle damage due to poor birthing methods
- Broken bones due to errors at birth
- Injury to the internal organs of the mother
- Excessive vaginal tearing
- Unnecessary pain and suffering during birth
- Infection caused during delivery
- Failure to act when a baby is in trouble
- Death of the mother due to excessive bleeding
- The death of the baby due to poor maternity care
There are many types of birth injuries in Ireland. Minor ones may clear in a few days, but other injuries could be with the mother and baby for life.
Michale Kelleher Solicitors will look at your details and see if you have a valid birth injury claim*.
Common types of birth injury claims*
Common types of birth injury claims* are for cerebral palsy in the child due to medical negligence or damage to internal organs to the mother.
A birth injury claim* will get compensation for the impact of the medical negligence on the mother and the newborn baby.
Types of birth injury claims* in Ireland.
Cerebral Palsy claims
Cerebral Palsy claims are for when the child is diagnosed with the condition, and the cause is due to the baby being deprived of oxygen during birth.
If there is an unnecessary delay in delivering your baby, such as when the baby should have been delivered by Caesarean instead of a natural birth, then the oxygen deprivation may have been avoided.
A Cerebral Palsy claim will look at the causes of the condition and if your baby suffered due to medical negligence.
Erb's Palsy and Brachial Plexus injury claims*
Erb’s Palsy and Brachial Plexus injury claims* are common medical negligence claims in Ireland.
Both Erb’s Palsy and Brachial Plexus injury can be a direct result of pulling and dragging a baby’s arm during birth.
Poor birthing practices and the incorrect use of birthing tools can also cause injury to the baby’s arm, nerves and muscles.
Brain injury caused by oxygen deprivation claims
A brain injury caused by oxygen deprivation can result in intellectual disability as well as motor and speech difficulties for life.
When the delivery team does not intervene in time, the baby could suffer oxygen deprivation for several minutes, causing long-term damage to the brain in the process.
Failure to identify potential birth issues and a failure to monitor the birth correctly can lead to oxygen deprivation and may be medical negligence.
Bone fractures and physical trauma claims
Bone fractures and physical trauma are often the result of medical negligence during birth.
The baby could suffer broken bones in the hands, arms, and legs due to poor birthing practices or if they get stuck during a delivery, which should have been done by Caesarean section.
Cuts and bruises to the baby’s head, face and neck can happen due to the incorrect use of birthing tools such as a forceps.
You may have a medical negligence claim for the physical injury to the baby during birth.
Maternal birth injury claims*
Maternal birth injury claims* are for the avoidable injury to the mother at any stage of the birth of a baby.
A severe injury can affect the mother for life and could impact her ability to work or care for other members of the family.
Maternal birth injuries can be:
Excessive vaginal tearing
Infection due to not prescribing necessary antibiotics post birth
Internal organ damage, especially to the reproductive organs, affecting fertility
The mother can make a maternal birth injury claim* for the impact of the medical negligence on their life.
MKS solicitors in Dublin have the experience to handle all types of birth injury claims* and can make a medical negligence compensation claim on behalf of the mother and baby.
Compensation for a birth injury claim*
Compensation for a birth injury claim* in Ireland is for the effects of the medical negligence on your life and the life of your baby.
A birth injury can mean a lifetime of full-time care, with the need to make adjustments to the home and car, and many other expensive costs, some expected but others unexpected.
You can seek birth injury compensation for the extra care needed for a child with Cerebral Palsy or the loss of income due to not being able to go back to work after the medical negligence.
In every birth injury claim*, you seek compensation for the damages, the losses, and other costs of living with the medical negligence.
What are damages in a birth injury compensation claim?
Damages in a birth injury compensation claim in Ireland are the costs and losses of living with the medical negligence.
When claiming medical negligence compensation, you have two types of damages:
General Damages in a Birth Injury claim*
The general damages in a birth injury claim* are for the suffering caused by the obstetrician, the delivery team and the HSE hospital before, during and after the birth of the child.
A general damages part of the birth injury claim* is for the unnecessary pain, the suffering due to injury and any implications for your medical well-being.
You can claim for your baby’s suffering due to the injuries received during a delivery or for the damage to the mother’s reproductive organs.
Special Damages in a Birth Injury claim*
The special damages in a birth injury claim* are for the tangible costs due to the medical negligence before, during and after a delivery.
The special damages claim is for the financial effect on your life of the negligence at the birth of your child.
You can claim special damages for:
- The costs of medical care today and in the future
- The losses due to the parents being unable to work
- The costs of providing full-time care
- The out-of-pocket expenses, such as travel and other treatments
- Adjustments to the home and car
Your Michael Kelleher medical negligence solicitor will talk you through the compensation claims process and show you how to cover all damages when making a claim.
Your medical negligence solicitor will combine the two types of damages when forming your compensation claim.
Who can make a birth injury claim* in Ireland?
The parents of the child with a birth injury can make a medical negligence compensation claim in Ireland.
The child’s parents or guardians will be the ones living with the effects of the birth injury and will be responsible for ensuring they get the care they need for life.
In some cases, the claim could be complicated, but a good medical negligence solicitor will talk you through the process.
The child’s parents or guardians can make the claim on the child’s behalf until the child turns 18.
A child can make a medical negligence claim once they turn 18, but only if one has not been made on their behalf previously or if new issues have come to light in the intervening years.
MKS medical negligence solicitors in Dublin can look at the details of the birth injury and show you how to make the birth injury claim*.
Contact MKS Solicitors today
Contact Michael Kelleher Solicitors in Dublin today for all your birth injury claims*.
Our team of expert medical negligence solicitors can be by your side from day one. We will use our experience to form an excellent birth injury claim* and get you the compensation you deserve.
At MKS, we use all the tools available to work for you, the client who has suffered due to birth injury medical negligence.
Call Michael Kelleher Solicitors today and get started on your birth injury claim* for compensation.
FAQs on Birth Injury claims*
The time limits on making a birth injury claim* in Ireland is two years. A crucial point here is that the two-year time limit only starts from the date when you realise the birth injury negligence happened.
The effects of a birth injury may not be diagnosed for some time after delivery. You have two years to start the medical negligence claim from the date of diagnosis.
A child has two years after they turn 18 to make the birth injury compensation claim.
No, you do not need a solicitor to make a birth injury claim*, but having one in your corner can make a negligence claim a lot easier to process.
The right medical negligence solicitor will know exactly what to do from day one. The solicitor will know which medical experts to call and how to put together a successful medical negligence claim.
A medical negligence solicitor can make all the difference to a birth injury claim*.
No, you will not have to go to court with a birth injury claim*, but unfortunately, a lot of medical negligence claims often do end up in court, due to the HSE challenging so many cases.
If you have plenty of evidence and many witnesses on your side, you can settle the claim without the need to go to court. Some claims are clear about what happened and can be comparatively easy to make.
Your MKS medical negligence solicitor can make your claim through the courts.
Yes, you can make a birth injury claim* against the HSE. In our experience, the HSE will deny responsibility for any birth injury claim*, but that does not mean you cannot claim.
With the right evidence and the best medical experts, you can make a birth injury claim* against the HSE.
The HSE has a duty of care to you when you are giving birth, and a breach of that duty of care leading to a birth injury may lead to a compensation claim.
It can take a year or more to make a birth injury claim*. If the HSE or private medical health provider denies responsibility for the claim, then it could go on for many years.
In some more obvious cases, a claim can be settled quickly, so you and your baby can get on with your lives.
MKS Solicitors in Dublin will work hard to make sure a birth injury claim* does not take too long to complete.
Call us today to discuss your options.
If you are dealing with a legal issue, our solicitors will be happy to speak with you about your options You can contact us by phone on 01-6144565 or call to visit us at 149 James’s Street, Dublin 8. Telephone: 01 614 465 Email: info@mks.ie